Bezant v Davis

[2010] QSC 229

SUPREME COURT OF QUEENSLAND

CITATION:

Bezant v Davis & Anor [2010] QSC 229

PARTIES:

JULIE JOY BEZANT
(plaintiff)
v
CASEY LEIGH DAVIS
(first defendant)
And
ALLIANZ AUSTRALIA INSURANCE LTD
ACN 80 094 802 525
(second defendant)

FILE NO/S:

S120 of 2009

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court Rockhampton

DELIVERED ON:

22 June 2010

DELIVERED AT:

Rockhampton

HEARING DATE:

10 June 2010

JUDGE:

McMeekin J

ORDER:

Judgment for the plaintiff in the sum of $264,423.97.

CATCHWORDS:

DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where plaintiff suffered a fractured pelvis and a minor head injury in a motor vehicle accident – where liability admitted

Civil Liability Act 2003 (Qld)

Purkess v Crittenden (1965) 114 CLR 164

Van Gervan v Fenton (1992) 175 CLR 327

Watts v Rake (1960) 108 CLR 158

COUNSEL:

R. Morton for the plaintiff

G. Crow for the defendants

SOLICITORS:

Morton & Morton for the plaintiff

McInnes Wilson for the defendants

1. EEKIN J: McMThe plaintiff, Julie Joy Bezant, claims damages for personal injuries suffered on the 14^th of June 2006 in a motor vehicle accident.  Liability is admitted.  I am required to assess damages.  Ms Bezant was born on the 10^th of June 1956 and celebrated her 54^th birthday on the day of the trial.  She was fifty years of age when injured.

Injuries Suffered and Treatment

1. Ms Bezant suffered a fractured pelvis and a head injury with an associated right scalp laceration.  The fracture of the pelvis was a serious one involving fractures of the sacrum, both superior and inferior pubic rami and disruption of the pelvic ring and left sacroiliac joint.

1. Due to the severity of her pelvic injuries Ms Bezant was taken from the Hervey Bay Hospital to the Royal Brisbane Hospital.  There she underwent surgery.  A transverse pin was inserted in the distal left femur and skeletal traction applied.  She was restricted to bed for six weeks and then gradually mobilised, initially in a wheel chair and later with the aid of a frame.  She relied on a frame or Canadian crutches to get about until around mid-2007.  She still occasionally resorts to the use of crutches. 

1. Dr McGee, an orthopaedic surgeon who saw her in August 2007, remarked that at times she was still using a crutch but “mainly for confidence and to stop people from knocking into her”.[1]  In her oral evidence Ms Bezant confirmed that was accurate.  Dr McGee commented at that time that clinically Ms Bezant was not limited, that she did not functionally have a leg length inequality and that her main problem was post traumatic pain particularly of the posterior pelvis and stiffness in the spine.[2]

   [1]At p. 227 of exhibit 4.1.8.

   [2]At p. 228 of exhibit 4.

1. It is significant that pain now is not a feature of Ms Bezant’s presentation and has not been for some time.  She complains of discomfort with certain activities and…